Singapore legislation

Schedule 2

of Food Safety and Security Bill

Schedule 2

Saving and transitional provisions

SECOND SCHEDULESection 405Saving and transitional provisionsIncumbent authorised officers, etc.

1. An individual who, immediately before the commencement of section 278 is appointed —

(a)

an authorised officer under section 3(2) of the Sale of Food Act 1973 for the purposes of that Act;

(b)

an authorised officer under section 3(2) of the Wholesome Meat and Fish Act 1999 for the purposes of that Act;

(c)

an authorised officer under section 3(2) of the Feeding Stuffs Act 1965 for the purposes of that Act; or

(d)

an authorised officer under section 31W(2) of the Environmental Public Health Act 1987 for the purposes of Part 4 or 9 of that Act,continues to hold that office as if the individual were appointed under section 278 as an authorised officer for the purposes of this Act, and their respective appointments are to expire on the day the appointment would have expired if this Act had not been enacted unless the appointment is earlier revoked.Incumbent authorised analysts

2. An individual who, immediately before the commencement of section 287, is appointed an authorised analyst under section 3(3) of the Sale of Food Act 1973 continues to hold office as if the person were appointed an analyst under section 287, and his or her appointment is to expire on the day his or her appointment would have expired if this Act had not been enacted.Existing licences: transitional for Part 33.—

(1)

Every licence that —

(a)

is a licence under section 7 of the Control of Plants Act 1993 authorising the import for sale, supply or distribution, or the transhipment, of fresh fruits or vegetables stated in the licence;

(b)

is granted under section 31 of the Control of Plants Act 1993, before the commencement of section 47; and

(c)

is in force immediately before the commencement of section 47,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence granted under section 293 read with section 78, authorising that person to import in the course of business those fresh fruits or vegetables; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 83.(2) Every licence that —

(a)

is a licence under section 4 of the Feeding Stuffs Act 1965 authorising the import of animal feed stated in the licence;

(b)

is issued under section 4(1) of the Feeding Stuffs Act 1965, before the commencement of section 47; and

(c)

is in force immediately before the commencement of section 47,continues, so far as it is not inconsistent with the provisions of this Act, as if it were an import consignment permit granted under section 293 read with section 79, authorising that person to import that animal feed; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 84.(3) Every licence that —

(a)

is a licence under section 5(1) of the Wholesome Meat and Fish Act 1999 authorising the import of any meat or meat product or fish or fish product stated in that licence;

(b)

is granted under section 7(4) of the Wholesome Meat and Fish Act 1999, before the commencement of section 47; and

(c)

is in force immediately before the commencement of section 47,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence granted under section 293 read with section 78, authorising that person to import in the course of business that meat or meat product or fish or fish product, as the case may be; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 83.(4) Every licence that —

(a)

is a licence under section 5(1) of the Wholesome Meat and Fish Act 1999 authorising the export of any meat or meat product or fish or fish product from Singapore stated in that licence;

(b)

is granted under section 7(4) of the Wholesome Meat and Fish Act 1999, before the commencement of section 51; and

(c)

is in force immediately before the commencement of section 51,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence granted under section 293 read with section 78, authorising that person to export in the course of business that meat or meat product or fish or fish product, as the case may be; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 83.(5) Every licence that —

(a)

is a licence under section 5(1) of the Wholesome Meat and Fish Act 1999 authorising the transhipment of any meat or meat product or fish or fish product in Singapore stated in that licence;

(b)

is granted under section 7(4) of the Wholesome Meat and Fish Act 1999, before the commencement of section 55; and

(c)

is in force immediately before the commencement of section 55,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence granted under section 293 read with section 78, authorising that person to import and export in the course of business that meat or meat product or fish or fish product, as the case may be; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 83.Existing permits: transitional for Part 34.—

(1)

Every permit that —

(a)

is a permit under section 8 of the Control of Plants Act 1993 authorising the import of fresh fruits or vegetables stated in that permit;

(b)

is issued under section 31 of the Control of Plants Act 1993, before the commencement of paragraph (a)(i) of the definition of “import‑controlled item” in section 42(1); and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were an import consignment permit granted under section 293 read with section 79, authorising that person to import those fresh fruits or vegetables, as the case may be; and that permit remains in effect for the period it was originally issued unless earlier cancelled under section 84.(2) Every permit that —

(a)

is a permit granted under section 7(4) of the Wholesome Meat and Fish Act 1999 that is —

(i)

a permit under section 6(1) authorising the import of any meat or meat product or fish or fish product stated in that permit;

(ii)

a permit under section 6(2) authorising the export of any meat or meat product or fish or fish product from Singapore stated in that permit; or

(iii)

a permit under section 6(3) authorising the transhipment of any meat product or fish product in Singapore stated in that permit;

(b)

is granted, before the commencement of paragraph (a)(ii) and (iii) of the definition of “import‑controlled item” in section 42(1); and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were one of the following permits under Part 3 corresponding thereto, granted under section 293 read with section 79; and that permit remains in effect for the period it was originally issued unless earlier cancelled under section 84:

(d)

an import consignment permit authorising that person to import that meat or meat product or fish or fish product;

(e)

an export consignment permit authorising that person to export that meat or meat product or fish or fish product from Singapore;

(f)

a transhipment consignment permit authorising that person to tranship that meat or meat product or fish or fish product in Singapore.Existing licences: transitional for Part 45.—

(1)

Every licence that —

(a)

is a licence to keep or maintain a farm for keeping, rearing or breeding of food producing animals at premises stated in the licence;

(b)

is issued, before the commencement of section 102, under the Animals and Birds Act 1965; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a licensable food business described in item 1 of Part 2 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(2) Every licence that —

(a)

is a licence to keep and maintain a farm for cultivating any plant for human consumption on any premises stated in the licence;

(b)

is issued, before the commencement of section 102, under the Control of Plants Act 1993; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a licensable food business described in item 1 of Part 2 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(3) Every licence that —

(a)

is a licence required by —

(i)

section 32 of the Environmental Public Health Act 1987; or

(ii)

section 33 of the Environmental Public Health Act 1987 to hawk, sell or expose for sale any food of any kind;

(b)

is granted, before the commencement of section 102, under section 99 of the Environmental Public Health Act 1987; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a corresponding licensable food business described in Part 1 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(4) Every licence that —

(a)

is a licence required by section 36 of the Environmental Public Health Act 1987 to use any building, situation or place stated in the licence as a private market;

(b)

is granted, before the commencement of section 102, under section 99 of the Environmental Public Health Act 1987; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a licensable food business described in item 7 of Part 1 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(5) Every licence that —

(a)

is a licence to erect, operate or maintain a fish culture farm at premises stated in the licence;

(b)

is issued, before the commencement of section 102, under the Fisheries (Fish Culture Farms) Rules (R 7); and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a licensable food business described in item 1 of Part 2 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(6) Every licence that —

(a)

is a licence required by section 21 of the Sale of Food Act 1973 to carry on a non‑retail food business at any premises stated in the licence;

(b)

is granted, before the commencement of section 102, under section 46 of the Sale of Food Act 1973; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92, to carry on a corresponding licensable food business mentioned in Part 2 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(7) Every licence that —

(a)

is a licence required under section 11(1)(a) or 12(1) of the Wholesome Meat and Fish Act 1999 authorising —

(i)

the slaughter of any animal which is intended for human consumption on any premises stated in that licence; or

(ii)

the use of any premises stated in that licence as a processing establishment or a cold store;

(b)

is granted, before the commencement of section 102, under section 13(2) of the Wholesome Meat and Fish Act 1999; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a licensable food business described in item 3 or 5 of Part 2 of the First Schedule (as the case may be) at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.Saving, etc., for importers of eggs6.—

(1)

Despite sections 47 and 48, any person who, immediately before the commencement of those sections, imports eggs or egg products in the course of business may continue to import eggs or egg products —

(a)

for 2 months after that commencement; or

(b)

if within the period in sub‑paragraph (a) the person applies for a licence under Part 3 to import eggs or egg products in the course of business, for a further period ending on the happening of the earlier of the following:

(i)

the date on which the Agency grants the licence under Part 3 to the person under section 293 read with section 78;

(ii)

the date that the application is refused by the Agency or is withdrawn.(2) For the purposes of sub‑paragraph (1), a person is to be treated as importing eggs or egg products in the course of business if, immediately before the commencement of sections 47 and 48, the person is registered with the Agency as an importer of those eggs or egg products.(3) Every licence that —

(a)

is granted, before the commencement of paragraph (a)(iv) of the definition of “import‑controlled item” in section 42(1), under section 8 of the Animals and Birds Act 1965 to a person for the import or transhipment of any egg; and

(b)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were an import consignment permit granted under section 293 read with section 79, authorising that person to import those eggs; and that licence remains in effect for the period it was originally granted unless earlier cancelled under section 84.Saving for importers of processed food, etc.7.—

(1)

Despite sections 47 and 48, any person who, immediately before the commencement of those sections, imports any relevant food or regulated food contact article in the course of business, may continue to import that relevant food or regulated food contact article —

(a)

for 2 months after that commencement; or

(b)

if within the period in sub‑paragraph (a) the person applies for a licence under Part 3 to import in the course of business that relevant food or regulated food contact article, for a further period ending on the happening of the earlier of the following:

(i)

the date on which the Agency grants the licence under Part 3 to the person under section 293 read with section 78;

(ii)

the date that the application is refused by the Agency or is withdrawn.(2) For the purposes of sub‑paragraph (1), a person is to be treated as importing any relevant food or regulated food contact article in the course of business if, immediately before the commencement of sections 47 and 48, the person is registered with the Agency as an importer of any relevant food or regulated food contact article.(3) In sub‑paragraph (1), “relevant food” means any food that is none of the following:

(a)

a meat or a meat product;

(b)

a fish or a fish product;

(c)

an egg or an egg product;

(d)

a fresh fruit or a vegetable;

(e)

a prohibited food.Existing licences: transitional for Part 118.—

(1)

Every individual who, immediately before the commencement of section 214, is certified as a pesticide operator under section 12 of the Control of Plants Act 1993, is treated as if appointed under section 211 as a certified pesticide operator; and his or her appointment is to expire on the day his or her certification under the Control of Plants Act 1993 would have expired if this Act had not been enacted or his or her appointment is earlier cancelled under section 213.(2) Every plant pesticide that is, immediately before the commencement of section 215, registered with the Director‑General, Plant Health under section 14 of the Control of Plants Act 1993 is to be treated as a plant pesticide product registered under section 205.(3) Every licence that —

(a)

is a licence under section 4 of the Feeding Stuffs Act 1965 authorising the manufacture or processing for sale of animal feed stated in the licence;

(b)

is issued, before the commencement of section 202, under section 4(1) of the Feeding Stuffs Act 1965; and

(c)

is in force immediately before the commencement of section 202,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 11 to produce that animal feed granted under section 293 read with section 192; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 196.Pending regulatory proceedings9.—

(1)

Sections 83 and 295 do not apply to any proceedings with a view to suspension or revocation of a licence mentioned in paragraph 3(1), (3), (4) or (5) that are —

(a)

started in exercise of powers under the Control of Plants Act 1993 or the Wholesome Meat and Fish Act 1999; and

(b)

pending immediately before the commencement of section 83,and those proceedings may be continued under the Control of Plants Act 1993 or the Wholesome Meat and Fish Act 1999 as if this Act had not been enacted.(2) Sections 84 and 295 do not apply to any proceedings with a view to cancellation of a licence mentioned in paragraph 3(2) or a permit mentioned in paragraph 4 that are —

(a)

started in exercise of powers under the Control of Plants Act 1993, the Feeding Stuffs Act 1965 or the Wholesome Meat and Fish Act 1999; and

(b)

pending immediately before the commencement of section 84,and those proceedings may be continued under the Control of Plants Act 1993, the Feeding Stuffs Act 1965 or the Wholesome Meat and Fish Act 1999 as if this Act had not been enacted.(3) Sections 96 and 295 do not apply to any proceedings with a view to suspension or revocation of a licence mentioned in paragraph 5 that are —

(a)

started in exercise of powers under the Animals and Birds Act 1965, the Control of Plants Act 1993, the Environmental Public Health Act 1987, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999; and

(b)

pending immediately before the commencement of section 96,and those proceedings may be continued under the Animals and Birds Act 1965, the Control of Plants Act 1993, the Environmental Public Health Act 1987, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) as if this Act had not been enacted.(4) Sections 196 and 295 do not apply to any proceedings with a view to suspension or revocation of a licence mentioned in paragraph 8(3) that are —

(a)

started in exercise of powers under the Feeding Stuffs Act 1965; and

(b)

pending immediately before the commencement of section 196,and those proceedings may be continued under the Feeding Stuffs Act 1965 as if this Act had not been enacted.(5) Section 209 does not apply to any proceedings with a view to cancellation of a registration of a plant pesticide product mentioned in paragraph 8(2) that are —

(a)

started in exercise of powers under the Control of Plants Act 1993; and

(b)

pending immediately before the commencement of section 209,and those proceedings may be continued under the Control of Plants Act 1993 as if this Act had not been enacted.(6) Sections 213 and 295 do not apply to any proceedings with a view to suspension or cancellation of a certification as a pesticide operator mentioned in paragraph 8(1) that are —

(a)

started in exercise of powers under section 13 of the Control of Plants Act 1993; and

(b)

pending immediately before the commencement of section 209,and those proceedings may be continued under those provisions of the Control of Plants Act 1993 as if this Act had not been enacted.Pending appeals10.—

(1)

Part 12 does not apply to any appeal made to a Minister that —

(a)

has been made —

(i)

before the commencement of section 326, under section 62(4) of the Animals and Birds Act 1965 against a suspension or revocation of a licence or permit licence to keep or maintain a farm for keeping, rearing or breeding of food producing animals;

(ii)

before the commencement of section 333, under section 33 of the Control of Plants Act 1993 against a refusal to issue or renew, or a revocation or suspension of, a licence or permit;

(iii)

before the commencement of section 345, under section 84A or 99(16) of the Environmental Public Health Act 1987 against a decision of the Director‑General mentioned in either section 32 or 33 of that Act (except in relation to a permit to promote, organise or stage a temporary fair or a licence to hawk, sell or expose for sale any goods of any kind but not any food);

(iv)

before the commencement of section 371, under section 6(3) of the Fisheries Act 1966 against a refusal to grant or to revoke a licence to erect, operate or maintain a fish culture farm, or a variation or imposition of any condition on such a licence; or

(v)

before the commencement of section 393(e), under section 10J of the Sale of Food Act 1973; and

(b)

has not been dealt with or disposed of immediately before the relevant commencement,and that appeal may continue to be dealt with under the relevant Act mentioned in sub‑paragraph (a)(i), (ii), (iii), (iv) or (v) as if the section mentioned in that sub‑paragraph had not been enacted.(2) Section 326 does not apply to any appeal made under section 62(4) of the Animals and Birds Act 1965 against any decision revoking or suspending any licence granted under section 8 of that Act, where the decision is made before the commencement of section 326.Food safety measures under Sale of Food Act 197311.—

(1)

Despite section 393(e), every direction that is given by the Director‑General under Part 2A of the Sale of Food Act 1973 before the commencement of Division 2 of Part 7, and is in effect immediately before that commencement, continues in effect so far as it is not inconsistent with the provisions of Division 2 of Part 7, and is deemed to have been given under the corresponding provisions of Division 2 of Part 7.(2) Except as otherwise expressly provided by or under this Act, where any period of time specified in any direction mentioned in sub‑paragraph (1) is current immediately before the commencement of section 393(e), this Act has effect as if the corresponding provision in Division 2 of Part 7 had been in force when the period began to run; and any period of time so specified and current is deemed for the purposes of this Act —

(a)

to run from the date or event from which it was running immediately before that commencement; and

(b)

to expire (subject to any provision of this Act for its extension) whenever it would have expired if this Act had not been enacted.Saving for compoundable offences

12. Where any offence under any of the following is a compoundable offence under any written law as in force on the date of the alleged commission of the offence:

(a)

Part 2 of the Control of Plants Act 1993 or any subsidiary legislation made for the purpose of that Part;

(b)

section 34(a) of the Control of Plants Act 1993 in relation to section 10, 11(1) or (2) or 41 of that Act;

(c)

Part 4 or 9 of the Environmental Public Health Act 1987 or any subsidiary legislation made under that Act for the purposes of any of those Parts;

(d)

section 13(2) of the Fisheries Act 1966 in relation to the breach of any condition subject to which any fish culture farm licence has been issued;

(e)

the Sale of Food Act 1973 or any subsidiary legislation made under that Act;

(f)

the Wholesome Meat and Fish Act 1999 or any subsidiary legislation made under that Act,the person authorised under that written law to compound the offence may, despite a repeal or amendment of that written law by any provision in Part 17, continue to compound that offence in accordance with that written law as if this Act had not been enacted.

Schedule 2 — Food Safety and Security Bill | laws.sg